The Sixth Judicial Circuit Court of Appeals late last week ordered the Environmental Protection Agency (EPA) and Army Corp of Engineers to stop enforcement nationwide of the waters of the U.S. (WOTUS) rule. This will allow the Court to determine jurisdiction over the many pending lawsuits. NCBA President Philip Ellis said in granting the stay, the majority of the Court sided with the states that the rule likely fails on both substantive and procedural grounds.
“This is great news for cattlemen and women and all land users who have been at a loss as to how to interpret this rule,” he said.
The three judge panel voted 2-1 to stay implementation over concern that burden to state and federal government, as well as private parties and the public in general, from the implementation of the WOTUS rule outweighed any harm to the agencies in keeping the status quo.
Source: KLA